Committee Advances Legislation Strengthening Advocacy for Patients with Developmental Disabilities

Legislation sponsored by Assemblywoman Margie Donlon designed to strengthen protections for hospital patients with developmental disabilities cleared the Assembly Health Committee today. This bill ensures a level of support for patients who are unable to advocate for themselves.

Bill A2259 would authorize patients with developmental disabilities to have a designated family member, guardian, direct support professional, or other caregiver to accompany them in accordance with hospital policies necessary to ensure patient safety, privacy, infection control and clinical care.

Read more: Committee Advances Legislation Strengthening Advocacy for Patients with Developmental Disabilities

“As a doctor, I know firsthand that patient care is the most important thing and everyone deserves a voice and to have their needs met and their concerns addressed,” said Assemblywoman Donlon (D-Monmouth). “This bill is about empowerment, dignity, and peace of mind for these patients and their families. Having a designated person to support and advocate for patients with developmental disabilities will enormously benefit both the patient and the hospital.” 

When patients are unable to self-advocate, this can lead to a higher risk of adverse events, unmet care needs and miscommunication about symptoms. Family members, guardians, and direct support professionals frequently serve as translators of behavior and needs, advocate for pain, preference, or consent while the patient is receiving care.

Under existing law, New Jersey’s Patient’s Bill of Rights guarantees respectful treatment, privacy, participation in care decisions, and family communication, but is silent on the presence of a caregiver for patients with disabilities, particularly under restrictive hospital visitation policies. This bill would codify caregiver access rights.

Under the bill, a patient may designate one caregiver at a time for the purposes of accompaniment.

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